Facts:: Filipina Sy v. Court of Appeals, G. R. No. 127263, April 12, 2000
Facts:: Filipina Sy v. Court of Appeals, G. R. No. 127263, April 12, 2000
Facts:: Filipina Sy v. Court of Appeals, G. R. No. 127263, April 12, 2000
FACTS:
Filipina Sy and Fernando Sy contracted marriage on November 15, 1973 in Quezon City. On
September 15, 1983, Fernando left the conjugal dwelling and, since then, they lived separately.
Petitioner filed for a declaration of absolute nullity of marriage on the ground of psychological
incapacity. It was denied. On appeal, she raised the issue of their marriage being void ab initio
for the lack of marriage license. Their marriage license was obtained on September 17, 1972
while their marriage was celebrated on November 15, 1973. Hence, the marriage license was
expired already.
ISSUE:
RULING:
No. Evidence shows that there was no marriage license. A marriage license is a formal
requirement. Its absence renders the marriage void ab initio. Issue on psychological incapacity
is hereby mooted.